(" . The duty of the Secretary of State under section 16 of the Metropolitan Board of Works (Various Powers) Act 1885 to work a ferry-boat across the river Thames is transferred to Transport for London by this section.")

The Woolwich Ferry.1885 c. clxvii.

BY THE BARONESS GARDNER OF PARKES

295

Insert the following new Clause--

(" .--(1) A person shall not smoke or carry lighted tobacco in a London taxi where passengers are by means of a prescribed notice informed that smoking is prohibited.

(2) For the purposes of this section, "prescribed notice" means a notice or marking of such type, and displayed in or on a London taxi in such manner, as the Secretary of State may by order prescribe.

(3) A passenger who contravenes subsection (1) may be required by the driver to leave a London taxi and, where the passenger refuses to comply with that requirement, may be removed by the driver or, on the request of the driver, by a constable.

(4) Nothing in subsection (3) shall be taken to relieve a passenger from the obligation to any pay fare and where a passenger is required to leave or is removed from a London taxi in accordance with that subsection before reaching his destination he shall be liable to pay the fare up to the point where he is required to leave or is removed from that taxi.

(5) A person who--

(a) contravenes subsection (1),

(b) refuses to comply with a requirement made in accordance with subsection (3), or

(c) resists lawful removal in accordance with that subsection,

is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Notwithstanding the provisions of any enactment requiring certain hirings to be accepted, it shall be lawful for the driver of a London taxi bearing a prescribed notice to refuse to carry a passenger who is smoking or carrying lighted tobacco.

Smoking in London taxis.

(7) In this section "London taxi" means a hackney carriage licensed under section 6 of the Metropolitan Public Carriage Act 1869.")

1869 c. 115.

296

Insert the following new Clause--

(" .--(1) A person shall not smoke or carry lighted tobacco in a taxi or private hire vehicle where passengers are by means of a prescribed notice informed that smoking is prohibited.

(2) For the purposes of this section, "prescribed notice" means a notice or marking of such type, and displayed in or on a taxi or private hire vehicle in such manner, as the Secretary of State may by order prescribe.

(3) A passenger who contravenes subsection (1) may be required by the driver to leave a taxi or private hire vehicle and, where the passenger refuses to comply with that requirement, may be removed by the driver or, on the request of the driver, by a constable.

(4) A person who--

(a) contravenes subsection (1),

(b) refuses to comply with a requirement made in accordance with subsection (3), or

(c) resists lawful removal in accordance with that subsection,

is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Notwithstanding the provisions of any enactment requiring certain hirings to be accepted, it shall be lawful for the driver of a taxi bearing a prescribed notice to refuse to carry a passenger who is smoking or carrying lighted tobacco.

(" .--(1) Section 39 of the Road Traffic Act 1988 (powers of Secretary of State and local authorities as to giving road safety information and training) shall be amended as follows.

(2) For subsection (2) (duty of local authority to prepare and carry out measures to promote road safety etc) there shall be substituted--

(2) Each relevant authority--

(a) if it is a local authority, must prepare and carry out a programme of measures designed to promote road safety, or

(b) if it is Transport for London, may prepare and carry out such a programme,

and may contribute towards the cost of measures for promoting road safety taken by other authorities or bodies."

(3) In subsection (3) (duty of local authority to carry out and act upon studies into accidents arising out of the use of vehicles on roads in their area, other than trunk roads) for the words preceding paragraph (a) there shall be substituted "Each relevant authority--".

(4) In paragraph (a) of that subsection (the duty to carry out the studies)--

(a) after "use of vehicles" there shall be inserted--

(i) if it is a local authority,";

(b) after "other than" there shall be inserted "GLA roads or"; and

(c) at the end there shall be added "or

(ii) if it is Transport for London, on GLA roads or parts of GLA roads,".

(5) After subsection (3) there shall be inserted--

(3A) The duties imposed by subsection (3) above are without prejudice to the generality of subsection (2) above and--

(a) in the case of a local authority, are to be discharged in pursuance of their duty under subsection (2)(a) above; and

(b) in the case of Transport for London, are to be discharged by exercising their powers under subsection (2)(b) above."

(6) In subsection (4) (definitions) the following definitions shall be inserted at the appropriate places--

Road safety information and training.1988 c. 52.

GLA road" has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);";

relevant authority" means a local authority or Transport for London;".")

1980 c. 66.

297G*

Insert the following new Clause--

(" .--(1) In section 1 of the Road Traffic Reduction Act 1997 (interpretation) the following definitions shall be inserted at the appropriate places--

local implementation plan", in relation to a London council, means the plan prepared by the council under section 127 of the Greater London Authority Act 1999;";

London council" means a London borough council or the Common Council of the City of London;";

the Mayor of London's transport strategy" means the transport strategy prepared and published under section 124 of the Greater London Authority Act 1999;".

(2) Section 2 of that Act (duty of principal councils to make reports) shall be amended as follows.

(3) In subsection (3) (information or proposals which relate to levels of local road traffic and are required by guidance under subsection (6)) in paragraph (b), after "guidance under subsection (6)" there shall be inserted "or (in the case of a report prepared by a London council) directions under subsection (6A)".

(4) After subsection (4), there shall be inserted--

(4A) A report under this section prepared by a London council must take account of the Mayor of London's transport strategy and the council's local implementation plan; and--

(a) any targets specified in such a report pursuant to subsection (2), and

(b) any proposals contained in such a report pursuant to subsection (3),

must be in conformity with that strategy and that plan."

(5) After subsection (6) there shall be inserted--

(6A) The Mayor of London may give directions or issue guidance to London councils in relation to any matter in relation to which the Secretary of State may issue guidance under subsection (6).

(6B) The Mayor of London must not give any direction or issue any guidance under subsection (6A) which conflicts with guidance under subsection (6).

(6C) A London council preparing a report under this section--

(a) shall comply with any directions given under subsection (6A), and

(b) shall have regard to any guidance issued under that subsection."

(6) In subsection (7)(a) (report to be sent to the Secretary of State) after "Secretary of State" there shall be inserted "and, if the council is a London council, send a copy of the report to the Mayor of London".")

(2) In subsection (1), in the second paragraph (which requires a local authority outside Greater London which is not the traffic authority to obtain the consent of the traffic authority to any designation) the words "outside Greater London" shall cease to have effect.

(3) After subsection (1) there shall be inserted--

(1A) Transport for London may not by virtue of subsection (1) above designate parking places on any highway which is not a GLA road."

(4) In subsection (7), in the definition of "local authority", at the end of paragraph (a) there shall be added "or Transport for London".

(5) In subsection (7), in the definition of "the local authority", after the words "in whose area the site is" there shall be added "unless the site is in Greater London, in which case--

(i) if the site is on a GLA road and the parking place is, or is proposed to be, designated by Transport for London, "the local authority" means Transport for London;

(ii) if the site is on a GLA road and the parking place is, or is proposed to be, designated by the London local authority in whose area the site is, "the local authority" means that London local authority; and

(iii) if the site is on a highway which is not a GLA road, "the local authority" means the London local authority in whose area the site is."

(6) After subsection (7) there shall be added--

(8) In this section--

Designation of paying parking places on highways.1984 c. 27.

GLA road" has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);

London local authority" means the council of a London borough or the Common Council of the City of London.

(9) For the purposes of this section and sections 46 to 55 of this Act, Transport for London's area shall be taken to be Greater London.")

1980 c. 66.

297J*

Insert the following new Clause--

(" .--(1) Section 73 of the Road Traffic Act 1991 (appointment of parking adjudicators by joint committee of London authorities) shall be amended as follows.

(2) For subsection (1) (London authorities to establish a joint committee within two months of issue of first guidance under section 63 of that Act) there shall be substituted--

Appointment of parking adjudicators by joint committee.1991 c. 40.

(1) The London local authorities and Transport for London (in this section referred to as "the appointing authorities") shall establish a single joint committee under section 101(5) of the Local Government Act 1972 ("the Joint Committee") before 4th September 2000 or such later date as the Secretary of State may by order specify.

1972 c. 70.

(1A) For the purposes of subsection (1) above, sections 101(5) and 102 of the Local Government Act 1972 shall have effect as if Transport for London were a local authority."

(3) In subsection (2) (functions of London authorities under sections 73 and 74 to be exercised by the Joint Committee) the words "and section 74 of this Act" shall cease to have effect.